Litigation Lawyers in Muscatine
In Muscatine, Iowa, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
When a tort is committed in Muscatine, Iowa, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is known as a "cause of action."
The law of Muscatine, Iowa recognizes several dozen different torts, but only a few of them are actually litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very often. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Muscatine, Iowa
Negligence: Negligence is by far the most common tort that results in litigation in Muscatine, Iowa. Negligence is a failure to exercise the amount of care appropriate for a certain situation, and causing harm to someone else as a result of this carelessness. For instance, running a red light is inherently careless. If you run a red light, and cause personal injury or property damage, you are liable for the harm you caused. Of course, this is just one instance, and negligence can occur in basically any context.
Fraud: In Muscatine, Iowa, fraud is a fairly common tort that the local court system has to deal with, though it may not be quite as common as negligence. To put it in the simplest terms possible, fraud is a deliberate lie that causes tangible harm (such as financial loss) to the person to whom the lie is told. Fraud is committed in a wide variety of contexts, but it most often happens when someone is trying to sell a product for more than it's worth. They might lie to a prospective buyer about the product's quality or value. If the buyer relies on this misrepresentation when deciding to buy the product, they are the victim of fraud, and have a right to sue the seller for their financial losses, and possibly recover punitive damages.
harmful or offensive, and non-consensual. For example, slapping someone on the face would be a clear case of battery, because that contact is harmful, and probably offensive as well. Unwanted physical conduct, especially of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Sometimes, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, sometimes, doctors have performed entire operations while the patient was unconscious, which the patient didn't consent to. This is also battery, and can result in a very costly lawsuit for the doctor, though such cases are quite rare.
Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress is also called IIED in Muscatine, Iowa, and it was not identified as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Furthermore, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Proving that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.
How Can A Muscatine, Iowa Tort Lawyer Help?
If somebody has harmed you, either intentionally or negligently, in Muscatine, Iowa, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for obvious reasons.
Whatever your situation, a tort lawyer who has expertise in representing people in Muscatine, Iowa tort cases can advise you on the best way to proceed, and give you the best chance of winning your case, whatever side you're on.